Author(s): Najah Inani Abdul Jalil, Ain Husna Mohd Arshad
The scarcity of land has resulted in the construction industry to be creative in maximizing the available land by building it underground. The construction of underground development is not new as Malaysia has embarked on this journey by the construction and completion of shop lots below Merdeka Square, The Stormwater Management and Road Tunnel, The Light Rapid Transit, Petronas Twin Tower and the completion of Mass Rapid Transportation in Klang Valley. A comprehensive public transportation shall become a focal agenda and in doing so, the construction of public transportation must be in line with the available land and technology. Nevertheless, there are issues with regards to the implementation of underground development which warrants explanations to ensure the viability of this approach as a solution to the scarcity of land. One of the issues is the concept of easement and protection of neighbours in underground development. National Land Code 1956 (NLC 1965) allows different ownership and usage of land to surface land owner and underground land owner. Hence, it shall expose these two owners (or more) to forcible conflicts and disputes as between neighbours occupying the same plot of land only at different level. With this in mind, we consider the interaction between the surface and stratum owner regarding the provision of easement and right of access. It is within this context that the current research attempts to examine the current legal framework with the aim to strengthen the land administrative policy and spur the growth of underground development. The research reveals that the alienation of stratum land does not automatically create the provision of access or easement to the stratum owner. Based on laws and practices, it is very significant to have a refined law to reconcile the rights of easement between the surface and stratum owner in Malaysia.